What if an SSA decision letter is not immediately forthcoming, or does not address the same medical conditions as that applied for in one’s disability retirement application? In such a circumstance, the best argument that can be put forth is to show the Office of Personnel Management that the application submitted to the Social Security Administration is essentially identical with the application for Federal Disability Retirement benefits submitted with OPM; then, to make the argument by analogy that where two applications are essentially identical, and where the higher standard of eligibility required (“total disability” — per SSA) has resulted in an approval, then the law must mandate that a lower standard of eligibility required (disability from being able to perform one or more of the essential elements of one’s particular job — FERS & CSRS) be by analogy and by logical consistency, result in an approval.
In submitting this argument, it is often helpful to submit a copy of the application/questionnaire filled out for SSA, and point out the identical nature of the medical conditions claimed, along with proof of approval by SSA. Finally, it is important to refer to particular case-law citations to reinforce such arguments — but, alas, as to this latter point, it is best to obtain the services of an attorney who is experienced in Federal Disability Retirement law.
Sincerely,
Robert R. McGill, Esquire
Filed under: Application, Appeals, and Other Medical Documentation Submitted To the OPM, OPM Disability & SSA Social Security Disability Benefits | Tagged: argument by analogy, case law citation in federal disabilities cases, disability retirement benefits for air traffic controllers, examining the basis for approval of a ssa disability claim, federal disability attorney, federal disability retirement, federal government disability, federal workers comp lawyer, fers disability and social security disability insurance ssdi, FERS medical retirement, getting OPM disability benefits, idaho opm federal disability retirement, if the ssa's decision address the same medical condition, if you can use social security disability in your opm disability claim, injured postal worker, lawyer role in federal disability cases, legal & foundational argument, medical benefits for cftc employees, medical condition(s), medical evidence, medical evidence submitted to the opm for disability purposes, nationwide representation of federal employees, opm case-law decisions, OPM disability application tips and strategies, opm disability case-law rule about social security disability, OPM medical retirement, OPM's methodology, Post Office disability, postal and social security disability, postal service employee injury compensation claim, pragmatic methodology, precedent and analogy in opm law legal reasoning, Social Security and OPM disability relationship, statutory requirements in OPM disability law, the applicant's methodology, the opm must consider a ssa's decision if submitted, the ssa decision letter as an evidence of disability under fers csrs, us postal service disability retirement, usps disability benefits, when to use a SSA disability decision, when two disability applications are essentially identical | Leave a comment »
OPM Disability Retirement 